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  #1  
Old 10th October 2007, 01:49 PM
riv riv is offline
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Join Date: Mar 2007
Posts: 34
Can I apply with expired passport?
My spouse passport is expired 4 months ago, we already applied for the passport renewal trough local consulate, they sent all documents to original country and we are waiting for the passport to arrive. The consulate is not able to give any update on the timings and even guaranty what we will get renewed passport in the next months. The country were she came from is full bureaucracy and disaster to me.

At the same time, I would like to apply for her GC trough marriage on USC. Can we use photocopy of original and expired passport for the application?
__________________
My: USC: 10/2006-10/2007
__________________
Wife:
10/25/2007 - Pkg Mailed to Chicago (I485, I130, etc)
10/26/2007 - Delivered (1:54 PM)
11/02/2007 - Check for I-485 cashed
11/05/2007 - Check for I-130 cashed
11/05/2007 - Received 4 notices (ND: 11/01/2007)
11/21/2007 - FP Notice (Received: 11/24/2007)
12/19/2007 - FP Done.
12/31/2007 - I131 Approved.
01/10/2008 - I765 Approved.
07/29/2008 - Interview Notice (09/03/08)
09/02/2008 - TBD Interview
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  #2  
Old 10th October 2007, 02:05 PM
asPapi asPapi is offline
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Yes. particularly if the expired passport contains visa and/or I-94 stamping information showing legal entry into the U.S.
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  #3  
Old 10th October 2007, 02:08 PM
PraetorianXI PraetorianXI is offline
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Join Date: Jul 2006
Location: Birmingham, AL
Posts: 4,888
Quote:
Originally Posted by riv View Post
My spouse passport is expired 4 months ago, we already applied for the passport renewal trough local consulate, they sent all documents to original country and we are waiting for the passport to arrive. The consulate is not able to give any update on the timings and even guaranty what we will get renewed passport in the next months. The country were she came from is full bureaucracy and disaster to me.

At the same time, I would like to apply for her GC trough marriage on USC. Can we use photocopy of original and expired passport for the application?
What is that country?
__________________
DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #4  
Old 10th October 2007, 02:13 PM
bbqchickenrobot bbqchickenrobot is offline
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Join Date: Apr 2007
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Posts: 278
I was under the impression that you needed a valid passport to apply for AoS
__________________
12/06: USC Married to a beautiful Canadian
-: 2007 :-
06/22: Filed I-485|I-130|I-765|I-864|I-693
07/10: NOAs 4 I-485, I-130, I-765
07/22: NOA for FP
08/02: Completed FP
09/01: NOA 4 Interview @11/21?!?
09/13: EAD Card Production Ordered!
09/19: Received EAD
09/20: Applied 4 SSN
10/06: Got SSN
11/21: Approved. Waiting 4 GC
12/15: Received GC

Helpful book: http://tinyurl.com/amgx9
Got it after I applied 4 AoS but it was worth it
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  #5  
Old 11th October 2007, 06:03 AM
riv riv is offline
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Posts: 34
Quote:
Originally Posted by asPapi View Post
Yes. particularly if the expired passport contains visa and/or I-94 stamping information showing legal entry into the U.S.
Yes. It has visa and I-94.
Thanks
__________________
My: USC: 10/2006-10/2007
__________________
Wife:
10/25/2007 - Pkg Mailed to Chicago (I485, I130, etc)
10/26/2007 - Delivered (1:54 PM)
11/02/2007 - Check for I-485 cashed
11/05/2007 - Check for I-130 cashed
11/05/2007 - Received 4 notices (ND: 11/01/2007)
11/21/2007 - FP Notice (Received: 11/24/2007)
12/19/2007 - FP Done.
12/31/2007 - I131 Approved.
01/10/2008 - I765 Approved.
07/29/2008 - Interview Notice (09/03/08)
09/02/2008 - TBD Interview
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  #6  
Old 11th October 2007, 06:03 AM
riv riv is offline
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Join Date: Mar 2007
Posts: 34
Quote:
Originally Posted by PraetorianXI View Post
What is that country?
Uzbekistan
__________________
My: USC: 10/2006-10/2007
__________________
Wife:
10/25/2007 - Pkg Mailed to Chicago (I485, I130, etc)
10/26/2007 - Delivered (1:54 PM)
11/02/2007 - Check for I-485 cashed
11/05/2007 - Check for I-130 cashed
11/05/2007 - Received 4 notices (ND: 11/01/2007)
11/21/2007 - FP Notice (Received: 11/24/2007)
12/19/2007 - FP Done.
12/31/2007 - I131 Approved.
01/10/2008 - I765 Approved.
07/29/2008 - Interview Notice (09/03/08)
09/02/2008 - TBD Interview
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  #7  
Old 11th October 2007, 07:12 AM
riv riv is offline
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Join Date: Mar 2007
Posts: 34
Quote:
Originally Posted by bbqchickenrobot View Post
I was under the impression that you needed a valid passport to apply for AoS
But as I noticed - she has only copy of the passport, the passport has been given to the consulate and they said what the passport already sent to the original country.

So we have right now only the scanned passport (with visa stamp) and I-94 on hands. Is it going to be enough to apply?
__________________
My: USC: 10/2006-10/2007
__________________
Wife:
10/25/2007 - Pkg Mailed to Chicago (I485, I130, etc)
10/26/2007 - Delivered (1:54 PM)
11/02/2007 - Check for I-485 cashed
11/05/2007 - Check for I-130 cashed
11/05/2007 - Received 4 notices (ND: 11/01/2007)
11/21/2007 - FP Notice (Received: 11/24/2007)
12/19/2007 - FP Done.
12/31/2007 - I131 Approved.
01/10/2008 - I765 Approved.
07/29/2008 - Interview Notice (09/03/08)
09/02/2008 - TBD Interview
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  #8  
Old 11th October 2007, 09:18 AM
PraetorianXI PraetorianXI is offline
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Join Date: Jul 2006
Location: Birmingham, AL
Posts: 4,888
well all they ask to apply are copies of the passport and the i-94. But at the interview you must present the originals.

So it is enough to apply.
__________________
DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #9  
Old 11th October 2007, 11:29 AM
Triple Citizen Triple Citizen is offline
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Join Date: Nov 2006
Location: Naperville, IL, USA
Posts: 8,291
A valid passport is not a requirment for AOS. Proof of inspected entry is. That proof can exist on an expired passport.

Quote:
Originally Posted by bbqchickenrobot View Post
I was under the impression that you needed a valid passport to apply for AoS
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #10  
Old 11th October 2007, 12:53 PM
Lunastar Lunastar is offline
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Join Date: Apr 2005
Posts: 87
I second that comment. I am in the same situation, my passport expired last month, and this week is my deadline to apply. My lawyer said it's not necessary to have a valid passport to apply.
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  #11  
Old 11th October 2007, 02:20 PM
riv riv is offline
Registered User
  
Join Date: Mar 2007
Posts: 34
Thank you everyone!
__________________
My: USC: 10/2006-10/2007
__________________
Wife:
10/25/2007 - Pkg Mailed to Chicago (I485, I130, etc)
10/26/2007 - Delivered (1:54 PM)
11/02/2007 - Check for I-485 cashed
11/05/2007 - Check for I-130 cashed
11/05/2007 - Received 4 notices (ND: 11/01/2007)
11/21/2007 - FP Notice (Received: 11/24/2007)
12/19/2007 - FP Done.
12/31/2007 - I131 Approved.
01/10/2008 - I765 Approved.
07/29/2008 - Interview Notice (09/03/08)
09/02/2008 - TBD Interview
Reply With Quote
  #12  
Old 11th October 2007, 03:10 PM
PraetorianXI PraetorianXI is offline
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Join Date: Jul 2006
Location: Birmingham, AL
Posts: 4,888
Quote:
Originally Posted by Lunastar View Post
I second that comment. I am in the same situation, my passport expired last month, and this week is my deadline to apply. My lawyer said it's not necessary to have a valid passport to apply.
Why a deadline?
__________________
DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
Reply With Quote
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